An indictment for Commonwealth offences signed by a NSW Crown prosecutor who is not listed in the CDPP's delegation schedule under s 31 of the Director of Public Prosecutions Act 1983 (Cth) is invalid and deprives the court of jurisdiction, rendering the trial a nullity. Section 16(1)(i) of the Criminal Procedure Act 1986 (NSW) does not cure this defect. Practitioners conducting Commonwealth prosecutions through the NSW DPP must verify that the signing Crown prosecutor is listed in the CDPP's delegation schedule.
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